PR 01410.012 Georgia

A. PR 82-043 Effect of Adoption - State of Georgia

DATE: August 27, 1982

1. SYLLABUS

INHERITANCE RIGHTS — By An Adopted Child — Georgia Syllabus

In Georgia, a decree of adoption effective January 1, 1978 and subsequent thereto limits the adopted child to inheriting from his adoptive parents and their relatives exclusively. Ga. Code Ann. § 74-413.

(Effect of Adoption - State of Georgia, RA IV (W~) to Dir., IPB 8/27/82).

2. OPINION

In your memorandum you attached a copy of Ga. Code Ann. § 74-413 which describes the effect of an adoption decree. You have concluded that effective January 1, 1978, a decree of adoption limits the adopted child to inheriting only from his adoptive parents.

This office concurs with your interpretation of Ga. Code Ann. § 74-413 that effective January 1, 1978, Georgia law generally limits an adopted child to inheriting from his adoptive parents and their relatives. Johnson, et al. v. Parrish, et al., 284 S.2d 111 (1981). However, there is one exception to the effect of an adoption decree on an adopted child's inheritance rights and this exception is set out in Ga. Code Ann. § 74-413(b). According to Ga. Code Ann. § 74-413(b), an adopted child can inherit from his deceased natural parent if that parent had not terminated his parental rights prior to his death.

Therefore, it is the opinion of this office that effective January 1, 1978 and subsequent thereto an adopted child in Georgia is limited to inheriting only from his adoptive parents and their relatives unless the adopted child's natural parent did not terminate his or her parental rights prior to the death of that natural parent. Accordingly, this office concurs that CM 2434.9 or its POMS counterpart should be corrected to reflect the effect of Ga. Code Ann. § 74-413.


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PR 01410.012 - Georgia - 04/17/2002
Batch run: 11/29/2012
Rev:04/17/2002